Utah Code Ann. § 49-11-613 – Appeals procedure -- Right of appeal to hearing officer -- Board reconsideration -- Judicial review. | Midpage
§ 49-11-613
Utah Code Ann. § 49-11-613
Appeals procedure -- Right of appeal to hearing officer -- Board reconsideration -- Judicial review.
Effective May 10, 2016
Viewing an earlier version · effective May 10, 2016View current
(1)
(a) A member, retiree, participant, alternative payee, covered individual, employer, participating employer, and covered employer shall inform themselves of their rights and obligations under this title.
(b) Subject to the provisions in Subsection (8), any dispute regarding a benefit, right, obligation, or employment right under this title is subject to the procedures provided under this section.
(c)
(i) A person who disputes a benefit, right, obligation, or employment right under this title shall request a ruling by the executive director who may delegate the decision to the deputy director.
(ii) A request for a ruling to the executive director under this section shall constitute the initiation of an action for purposes of the limitations periods prescribed in Section 49-11-613.5.
(d) A person who is dissatisfied by a ruling under Subsection (1)(c) with respect to any benefit, right, obligation, or employment right under this title shall have 30 days from the date of the ruling to request a review of that claim by a hearing officer.
(e) The executive director, on behalf of the board, may request that the hearing officer review a dispute regarding any benefit, right, obligation, or employment right under this title by filing a notice of board action and providing notice to all affected parties in accordance with rules adopted by the board.
(2) The hearing officer shall:
(a) be hired by the executive director after consultation with the board;
(c) hear and determine all facts relevant to a decision, including facts pertaining to applications for benefits under any system, plan, or program under this title and all matters pertaining to the administration of the office; and
(d) make conclusions of law in determining the person's rights under any system, plan, or program under this title and matters pertaining to the administration of the office.
(3) The board shall review and approve or deny all decisions of the hearing officer in accordance with rules adopted by the board.
(4) The moving party in any proceeding brought under this section shall bear the burden of proof.
(5) A party may file an application for reconsideration by the board upon any of the following grounds:
(a) that the board acted in excess of its powers;
(b) that the order or award was procured by fraud;
(c) that the evidence does not justify the determination of the hearing officer; or
(d) that the party has discovered new material evidence that could not, with reasonable diligence, have been discovered or procured prior to the hearing.
(6) The board shall affirm, reverse, or modify the decision of the hearing officer, or remand the application to the hearing officer for further consideration.